The Law Of Unjust Enrichment
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The Law of Restitution
![The Law of Restitution](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Peter D. Maddaugh,John D. McCamus |
Publsiher | : Unknown |
Total Pages | : 135 |
Release | : 2018 |
Genre | : Electronic Book |
ISBN | : 0779886704 |
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Enrichment in the Law of Unjust Enrichment and Restitution
Author | : Andrew Lodder |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 276 |
Release | : 2012-07-06 |
Genre | : Law |
ISBN | : 9781847319715 |
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Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.
Defences in Unjust Enrichment
Author | : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 452 |
Release | : 2016-01-14 |
Genre | : Law |
ISBN | : 9781782256366 |
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This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.
Understanding Unjust Enrichment
Author | : Jason W Neyers,Mitchell McInnes,Stephen G.A. Pitel |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 430 |
Release | : 2004-04-20 |
Genre | : Law |
ISBN | : 9781847310972 |
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This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.
Unjust Enrichment
Author | : Peter Birks |
Publsiher | : OUP Oxford |
Total Pages | : 360 |
Release | : 2005-01-13 |
Genre | : Law |
ISBN | : 9780191018855 |
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This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
Unjust Enrichment
Author | : Hanoch Dagan |
Publsiher | : Cambridge University Press |
Total Pages | : 216 |
Release | : 1997-09-18 |
Genre | : Law |
ISBN | : 052158468X |
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This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.
Unjustified Enrichment
Author | : David Johnston,Reinhard Zimmermann |
Publsiher | : Cambridge University Press |
Total Pages | : 802 |
Release | : 2002-04-18 |
Genre | : Law |
ISBN | : 113943263X |
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Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
The Canadian Law of Unjust Enrichment and Restitution
![The Canadian Law of Unjust Enrichment and Restitution](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Mitchell McInnes |
Publsiher | : Unknown |
Total Pages | : 1785 |
Release | : 2014-03 |
Genre | : Unjust enrichment |
ISBN | : 0433438193 |
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"Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.